Nigerian Agip Oil Company Limited V. Peter Ogini & Ors (2017) LLJR-CA - LawGlobal Hub
Nigerian Agip Oil Company Limited V. Peter Ogini & Ors (2017) LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL TUNDE OYEBANJI AWOTOYE, J. C. A. (Delivering the Leading Judgment) This is the judgment in respect of the appeal filed by the appellant on 17/12/2006 to challenge the decision of Imo State High Court, Oru Judicial Division in […]
Nigerian Agip Oil Company Limited V. Peter Ogini & Ors (2017)LawGlobal-Hub Lead Judgment Report – COURT OF APPEALTUNDE OYEBANJI AWOTOYE, J. C. A. (Delivering the Leading Judgment)This is the judgment in respect of the appeal filed by the appellant on 17/12/2006 to challenge the decision of Imo State High Court, Oru Judicial Division in Suit No HOU/22/2001 delivered on 4/12/2006. The claim of the plaintiffs at the Lower Court as per paragraph 14 of their Amended Statement of Claim reads thus:WHEREFORE the plaintiffs claim against the defendant the sum of two hundred and fifty million Naira (250,000,000. 00) as fair, reasonable and adequate compensation and/or damages due and payable to the plaintiffs by the defendant for damages, deprivation and/or injuries to the plaintiffs? rights in respect of their (plaintiffs) piece or parcel of land which situate and lying at Etekwuru Egbema in the Ohaji/Egbemi Local Government Area of Imo State of Nigeria resulting in loss of income from farming, palm produce, lumbering, animal husbandry, fishing and hunting etc. PARTICULARS OF DAMAGESa. N10,630,000. 00 being compensation for loss of surface right or use of the land described in paragraph 3(a) above measuring 10. 63 hectares at N1,000,000. 001per hectare for a term of 20 years which expired in 4th day of June, 1993b. N10,000,000. 00 being compensation for loss of surface right or use of the land described in Paragraph 3(a) above measuring 10. 63 hectares at N1,000,000. 00 per hectare for a term of 20 years which commenced on 5th day of June, 1993. OR IN THE ALTERNATIVEa. The sum of N23,386,000. 00 being payment for outright acquisition of the land described in Paragraph 3 aboveb. N228,740,000. 00 being special and general damages for inconveniences, hardship, loss of means of livelihood, deprivation etc. from the plaintiffs? lands adjoining the strip of land described in Paragraph 3(a) above. The defendants joined issues with the plaintiffs by its further Amended Statement of Defence filed on 21/5/2006. The Lower Court subsequently heard the parties and later gave judgment as follows: